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HomeMy WebLinkAbout56-14 NC DMF AR 360Permit Class it S. NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and _ Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 56-14 Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 Authorizing development in the Atlantic Ocean, aoorox 3 NM NE of New Topsail Inlet, as requested in the petmittee's application dated 4/29/14 including the attached workplan drawings (4) all dated This permit, issued on June 26, 2014 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Artificial Reef — AR 360 1) Unless specifically altered herein, this permit authorizes the placement of additional material at artificial reef AR-360, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See Attached Sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENK and the Chairman of the Coastal Resources Commission. RECEIVED Braxton C. Davis, Director UL 0 1 2014 ivision of Coastal Management rJl)cm-MHDCTTY This permit and its conditions are hereby cepled. Signature 5Prmittee NC Division of Marine Fisheries a Permit # 56-14 Page 2 of 2 j ADDITIONAL CONDITIONS 2) e r� aterial shall be free from loose dirt or any pollutant. The material shall be of a size sufficient to prevent their movement from the approved alignment by wave or current action. 3) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas indicated on the attached workplan drawings. U.S. Army Corps of Enaneers (USACE) Requirements 4) Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and clearance depth and all necessary navigational aid permits required by the U.S. Coast Guard and furnished copies to the Wilmington District. 5) This permit does not authorize the placement of material within any rock outcroppings/hard bottoms. 6) The permittee will notify the NOAA/National Ocean Service, in writing, at least two weeks before work begins and upon completion of the work. Their email address is ocs.ndbna.noaa.gov and their mailings address is: Department of Commerce, NOAA, Nautical Data Branch, N/CS261, Station 7331, 1315 East-West Highway, Silver Spring, MD 20910. General 7) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development may require a modification of this permit. Contact a representative of the Division of Coastal Management at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-00550 which was issued on 6/23/14. Permit Class -NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 56-14 sued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557 uthorizing development in the Atlantic Ocean, approx. 3 NM NE of New Topsail Inlet, as requested in the ermittee's application dated 4/29/14 including the attached workplan drawings (4), all dated "This permit, issued on dune 26, 2014 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines; imprisonment or civil action; or may cause the permit to be null and void. Artificial Reef — AR 360 �1), ; Unless specifically altered herein, this permit authorizes the placement of additional material at artificial reef AR-360, all as expressly and specifically set forth in. the attached permit application and workplan drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part of this artificial reef without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 3 (See Attached Sheets for Additional Conditions 1 This permit action may be appealed'by the permittee or Signed by the authority of the Secretary of DENR and the other' qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date An appeal requires resolution prior to work initiation or continuance as the case maybe. v, ,This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered i Braxton C. Davis, Director hereunder requires further Division approval. ivision of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2017 In issuing this permit, the State of North Carolina agrees that your ,project is consistent with the North Carolina Coastal Signature of Permittee Management Program. NC Division of Marine Fisheries Permit # 5644 Page 2 of 2 ADDITIONAL CONDITIONS I 2) The reef material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient I to prevent their movement from the approved alignment by wave or current action. 'No fill material shall be placed at any time in any waters outside of the alignment of the fill areas p M indicated on the attached workplan drawings. U.S. Army Corps of Engineers (USACE) Requirements 4y; `; Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and ` clearance depth and all necessary navigational aid permits required by the U.S. Coast Guard and furnished copies to the Wilmington District. 5)' This permit does not authorize the placement of material within any rock outcroppings/hard bottoms. 6) The permittee will notify the NOAA/National Ocean Service, in writing, at least two weeks before work Y- ' begins and upon completion of the work. Their email address is ocs.ndbna,noaa.aov and their mailings address is: Department of Commerce, NOAA, Nautical Data Branch, N/CS261, Station 7331, 1315 East-West Highway, Silver Spring, MD 20910. jy)b`s: �,` General 4 ` 3 7) The permittee understands and agrees that, if future operations by the United States requires the -removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the F opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon 1. _ :due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the s: written approval of the Division of Coastal Management. 9) . :The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. z NOTE: Future development may require a modification of this permit. Contact a representative of the Division of Coastal Management at (910) 796-7215 prior to the commencement of any such activity for this determination. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-00559 which was issued on 6/23/14. DON NP4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) North Carolina Division Of Marine Fisheries AR-360 Topsail Reef Applicant 1: First Name MI Last Name Harry C Hardy Applicant 2: First Name MI Last Name Gregory W Bodnar If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 3441 Arendell St 769 Morehead City NC ZIP Country Phone No. FAX No. - 28557 USA 252-808-8053 ext. 252-726-9218 Street Address (d different from above) City State ZIP Email Craig.Hardy@nodenr.gov Gregg.Bodnar@ncdenr.gov 2. Agent/Contractor Information Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email awvwrc� <Form continues on back> RECEIVED 9 MAY 12 2014 DCM WILMINGTON, NC 252.808.2808 :: 1.888.4RCOAST :: www.nccoas Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander WA Subdivision Name Clty state Zip Topsail Beach (nearest) NC 28445 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Onslow Bay River Basin Onslow Bay, Atlantic Ocean approximately 3nm from New Topsail Inlet c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Onslow Bay, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. State Waters 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 7,753,680sq.ft. (178 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) -44 FSW ®NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing artificial reef material. Reinforced concrete pipe (2.75 and 0.26 acres), pre -fabricated concrete Reef Balls (32) and 1 prefabricated concrete "H" unit designed by NCDMF. Please refer to the narrative for additional information on material description. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential and Commercial h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ISINA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED r` MAY 12 2014 DCM WILMINGTON, NC 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmaro.Lnet Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing stone water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational fishing and scuba diving. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A commercially contracted vessel will be utilized to deploy all materials within locations predetermined by the NC Division of Marine Fisheries (DMF), artificial reef personnel. DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit adhearance. d. List all development activities you propose. A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc (Figures 3 and 4 within the project narrative). The 1.68 acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet and Ultra) to be deployed during the permit timeframe. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? New 1.68 Existing 3.19 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Location is approximately 3 nautical miles from New Topsail Inlet and has no potential discharge possibility. I. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> JW RECEIVED RECEIVEDDCM WILMINGTON, NC 252-8U8-2808 .. 1-888-4RCOASr .. www.nccoastal4Linagement.net DCM N9ID CPCY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (i) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dates. US Army Corp of Engineers general permit #198500194 Expires December 31, 2016 h. Signed consultant or agent authorization forth, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify •� that the information provided in this application its truthful tothebest of my knowledge. Date G10/� Print Name f1Apwcy �- • i liVLO Signature RECENED Please indicate application attachments pertaining to your proposed project. MAY 12 2014 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts g ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information DCN'•N!t1DC'-TY RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-41 :: www.nccoastalmanagement.ne ittA.I " Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 382 Width 191 Avg. Existing NA NA 44ft at MLLW Depth Final Project NA NA 40ft Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. RECEWW MAY 12204 DC V,N!uD C7Y This section not applicable area d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water! ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1-888-4RCOAST :: wv mccoastatmanagement.net s d. Q/08 ,Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP4 — Structures) a. Tvoe of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other 1. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water Dependant other wetlands (WL)? If any boxes are checked, provide the on size of Reef Ball. Bay Ball = 750lbs. Pallet Ball = 2.200lbs number of square feet affected. and Ultra Ball = 4 500lbs. At 150 total units of lamest Reef Ball ❑CW ❑SAV _ ❑SB size (Ultra) = 676,0001bs (405 tons). ❑WL ®None (iii) Dimensions of fill area 382' x 191' (1.68 acres) (ii) Describe the purpose of the fill in these areas: Average depth on site = 44ft. N/A Proiect depth = 40ft. Material profile = 4ft. (iv) Purpose of fill The goal of North Carolina's artificial reef program is to develop, maintain, evaluate and administer a successful system of artificial reefs as an integral part of North Carolina's marine fisheries management program, so as to enhance marine fisheries habitat and public fishing and diving opportunities. RECEIVED MAY 12 2014 DCM-b±'IDCITY I& GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Concrete weights approximately 2.5 times water. Fill material was TBD. Typically the Reef Balls are lowered into the water and designed to resist movement after deployment. Weight per unit released at or near the waters surface. The units then sink ranges from 750lbs to 4,500lbs. These materials are common straight down and settle on the bottom. to artificial reef construction and have proved durable and stable and have been used in NC artificial reef enhancements within ocean waters. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipmKyft®Yes []No ❑NA site? []Yes ®No ❑NA DCM WILMINGTO N, NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimana.qement.net r is d: 1 106 ,Form DCM MP-2 (Excavation and Fill, Page 3 of 3) (ii) If yes, explain what type and how they will be implemented. Site is currently marked with one yellow 12' spar buoy with approximately 6 visible above the surface of the water. Buoy is secured to bottom via chain and a concrete sinker. Buoys are equipped with an internal radar reflector and reflective tape. Buoy is marked with AIR#, NC Division of Marine Fisheries, 1- 800-682-2632, and a Sportfish Restoration Funding logo. Dallf- i44114-0-1419 f4 d". Project Name .e anelplow v G ie�, Applicant Name it. ,ev', pp&ant Signjfure III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED r. MAY 12 2014 DCM-MHDCITY RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12. 26 oG I qJin\GO Ltu�nml Nml, UNVIN4q.IwJx rerv+�.\.nma l rl J •NdbY O,1ns Ina •M:.•+oir .n4.^.. .ILn yrr.. NUN�aL.IGry, sn i•4 n'rn-nMnalf.'nn11M1+M:N' pfr, 1G\raNr rrn4W WYG�VF IVru.. Mrtlly{v+T�{Ren rv«In•'a fMfIVR:MG`+'Gi[ yy i 'ITiIF'H1•r snfl.Fer Nwr l4«.ler7' � `' 'N^M.M knIr.NNMrr.n nrwn nr all'i l:Orn'Nn. try nJ[I�JNIMRMM nYVrMM1 Y�GMlurcn[aq nb•. f K.111W Iy«im tatGt:i:•un -a pNn�.l. �n'. JWrY!'rvn Wr [rv.iV�nn..l. O BLk anr0.a,µµ'di l:N {ICOe0.r grn¢t l'u w:Jal. l'Y'��.aa.l'e' fpjR a«�SecLSiK111.1'.i{I11> unun rw ru a.+GYma�l •' in t..{:: 1WM UaM ne '� 4Mri .vlMf a,Y'fal Ml{Rr•M' rt ,,, Mn'n L' i rJ wkal .'JA— null /N ..O4 'R W .1—PP" v Ibn.YM M'nnson /. rY �"I� 3n I' Million., ti64Mii Ali '•• p �" •�' * r 1111I "' 1 1hI '... Irch r bIEt111 •Q G1«YN! )R rVRP[tY M'M.R' Pender S.0 .�.l.A.n rNFSnM aPwn.rsMlfwnq i' W H R ` � R N ,I (� R R iM H d rt d; R rv. r- a�1\�\i •.�M 4 ;/� �-���vrn u^ H�r1fe�YH^'M Y R nGrm4 YR S " al [ Y O 1 d� n. Y 'iL^n-Aa"•'hGQr , H • as W M 4) H Ti t- 1 r ,. 41 -r A G' • ® V l n ^ !7 R an A {I R R Figure 1: AR-360 Topsail Reef Legenip MAY 12 2014 Artificial Reef AR-360 is located off Topsail Beach in Pander County, approximately 3 — 145 res nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater. bCM MHD C1Ty 0 0.5 1 2NauticalMile s on:lm W E pellder Onslot NC DM Date: Reef Program S • Bay Date:4/42014 Nnovo Pagel of 4 9&� O€� � VIoe4: ELrl OHM OPA, atlonal Oeoglaphic, pty, National Geographic, RECEIVED DCM WILMINGTON, NC APR 3 0 2014 Figure 2: AR-360 Topsail Reef Current Materials Current boundary (517 yds x 997 yds @ 105 acres) with proposed expansion boundary (827yds x 1,043yds @ 178 acres). Current material includes a Reef Bell patch reef (standard and internment) and two concrete pipe patch reefs. Legend • RB P 0 150 300 600 Yards • Internment RB W+E I i �178 Acres s —105 Acres onalow NC DMF Artificial Reef Program 9 P.M., (711s1u! OAR-360 Natural Bottom Date: 4*2014 • Rut/ O H Unit Page 2of4 sri.0 B HmH776' ORCP0.26Acres OM, Rlonal Gm au D hic, Vrp/: Esri, GE8c0, pp, Na ORCP 2.75 Acres RECEIVED DCM WILMINGTON, NC MAY 1 2 2014 DCM-MHD MY Figure 3: AR-360 Topsail Reef Proposed Internment Section A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Etemal Reefs, Inc. The two acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet and Ultra) to be deployed during the permit timeframe. Legend e RB • IntemmentRS � $ 0 175 350 700Feet —1.6BAcreInternment Section 3 — 178 Acres —105Acres ° an.iow.. NC DMFArtificial Reef Program Data: 4142014 Penner "'1 `ItII O H Unit MAY PagB3of4 gS=,ational But,ORCP0.25Acres 1 2 9�±4 .w Hanover ES,,. O RCP 2.75 Acres ri, G uroea: GEBCO. Geograir AA, National Geogragnic. O AR-360 Natural Bottom nrA4-enmrrrp RECEIVED DCM WILMINGTON, INC APR 3 0 2014 Figure 4: AR-360 Topsail Reef Proposed Internment Section Exploded View 'awn to scale /Minimum Vertical Clearance 29' __�Depth to material 40' nn- Reef Ball Metrics (left to right) Ultra Width 5.5ft. Height 4.311. Footprint 23a1112 Pallet VAdth aft. Height 2.9ft. Footprint 12bft2 Bay 11VIdth aft. Haight 2ff. Footprint 7.1fQ The 1.68 acre patch reef (approximately 382ft. x 191ft.) has 15 grids with each grid 76ft x 63ft. Each grid has space available for 10 Eternal Reef Balls (Bay, Pallet and Ultra). Ois1i NC DMF Artificial Reef Program P•^^•r Date: 4/42014 n n Off slo K • Buy Page of _ § X W�E " w Hnor•1 r m 0 70 140 280 Feet r G .rres' Ezri. GEBCO, m 1 i i i OAA, aeona1 Geographic, qp, National Geographiq Z �m C)o z z Ow"i'm gig;;( It Z014 ()CIA -MOO" z 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00559 County: Pender State Permit#: 5656=14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Harry Hardy North Carolina Division of Marine Fisheries 3441 Arendell Street Morehead City, North Carolina 28557 Telephone Number: Size (acres) 1.68 (178 total) Nearest Waterway Atlantic Ocean Coordinates Latitude:34.35028 Longitude:-77.60305 Location description: The protect area is located at the above described coordinates in the Atlantic Ocean, off Existing Reef- NE 34a 20.980' / 77o 36.084' SE 34- 20.8001177o 35.864' SW 34o 20.452' / 77o 36.285' NW 34- 20.633' / 77o 36.497' Proposed Reef - NE 34a 21.105 / 77o 36.182 SE 34- 20.8111 77o 35.838 SW 34o 20.452 / 77a 36.285 NW 34a 20.746 / 77a 36.628 Description of projects area and activity: AR-360. This verification authorizes the discharge of fill material into 2 3t 7 smuare feet (0.053 acres) of waters of the United States for the expansion of an artificial reef site known as AR-360. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and information dated April 19, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 10-251-4829 or b email at rounie.d.smithCa,usace.armv.mil ECI VED Corps Regulatory Official: Ronnie Smith Date: Jul 0 2Q14 Expiration Date of Verification: December 31, 2016 nCV-MHDC!TV SAW-2014-00559 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. Z There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The Atlantic Ocean is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of a SAW-2014-00559 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 1, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Ronnie mith Date of JD: July 2, 2014 Expiration Date of JD: July 2, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://reug_latory.usacesurvev.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished without Enclosures: Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Jason Dail North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis North Carolina Department of Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode JUL 0 7 2014 DCM-MHD CTTY SAW-201"0559 National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 National Ocean Service NOAA, Department of Commerce 3 Nautical Data Branch N\CS26, Station 7316 1315 East-West Hwy., RM 7316 Silver Spring, Maryland 20910-3282 National Geospatial-Intelligence Agency 7500 GEOINT Drive Springfield, Virginia22150 Assistant Secretary of the Army Manpower and Reserve Affairs ASA (IL&E) 110 Army Pentagon Washington, D.C. 20310-50110 Director Southeast Region National Marine Fisheries Service 263 1 P Avenue South St. Petersburg, Florida 33701 National Marine Fisheries Service 1315 East-West Highway Silver Spring, Maryland 20910 RECEIVED s JUL 0 7 2014 DCM-MffD CITY DER - - - North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 26, 2014 NC DMF Attn: Harry Hardy P.O. Box 769 Morehead City, N.C. 28557 Dear Sir or Madam: . The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge. and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days . of this decision on younpermit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work.must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approvedA fyou are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to. protect our vitally important coastal resources. incerely, Enclosure Douglas V. Huggett Major Permits and Consistency Manager 400,Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247733301 Internet: wwwmccoastalmanagement.net Ari EqualOpportunity I Affirmative Action Employer DCM Coordinator: 4:� Permit #: MAILING DISTRIBUTION SHEET 3 Permitee• &644111-1 Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City ✓ ss Washin on �T ilmington US ACOU+ Offices: Washington: Raleigh Bland Wilmington: a Smr Cultural Resources: Renee Gledhill -Early or en' •o ntal:review@ncdcr.gov) Public Water Supply: Williams (WIR )� Joey to NC DOT: en Pac Shellfish Sanitation: tti Fowle State Property: Tim Walton c— i Water Resources: aren Higgins (Ralei ) John essy DOT) Washington: Anthony Scarborough Wilmington: eenhuis — 401 Chad Coburn - Linda Lewis - Stormwater Wildlife Resources: aria Dunn (WAR LPO: Fax Distribution: Pennitee #: Agent #: NCDENR North Carolina Department of Environment and Pat McCrory Governor June 19, 2014 Mr. Harry Hardy Mr. Gregory Bodnar NC Division of Marine Fisheries P.O. Box 769 Morehead City, NC 28557 Subject: EXEMPTION Stormwater Project No. SW8 140521 AR-360 Topsail Reef Pender County Dear Mr. Hardy and Mr. Bodnar Natural Resources John E. Skvarla, III Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on May 8, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis aAncdenr.gov. 61 rely, For Tracy . Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDSlarl: GAMISharedlStormwaterlPermits 8 Projects120141140521 Exemption12014 06 permit 140521 cc: Pander County Building Inspections Jonathan Howell/DCM RECEIVED Jason Dail/Shaun Simpson-DCM WIRO Wilmington Regional Office Stormwater File JUN 2 G 2014 Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office n�tvt %MCITY 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Intemet: hlmJborfal.ncdenr.omkieblld DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: NCDMF c% Harry Hardy & Greg Bodnar COUNTY: Pender PROJECT NAME: AR-360 Topsail Artificial Reef Enhancement LOCATION OF PROJECT: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-7-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DW DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 5-9-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNEED TO: C) 75 DAY DEADLINE: ! I MAIL OUT DATE: 5-8-14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $475 END OF NOTICE DATE: 5-30-14 DEED RECD: n/a ON: g-3-Iq 150 DAY DEADLINE: STATE DUE DATE: 5-30-14 FED COMMENTS RECD: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance S-I9- I Land Quality Section (DEMLR) I + I H Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office S 22-1 t( ✓ Division of Archives & History Division of Environmental Health S-7fl-I ✓ Division of Highways Wildlife Resources Commission s-16 I N Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers PW S S iY_ /If MAY 12 2014 DCM-MHD CITY r PIA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency .objects to the project for reasons des c ibed in the attached comments. SIGNED �DATE R&CEI1I�4 MAY 12 2014 127 Cardinal Drive Ext., W Imington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nccoastalmanaaement.net An Equal Opportunity 1 Affirmative Adon Empbyer DCIt'%]t o C" .� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permits Coordinator FROM: Jessi Baker, DCM Fisheries Resource Specialist P SUBJECT: NC Division of Marine Fisheries AR-360, 3.0 nm NE of Topsail Inlet, Offshore, NC DATE: May 30, 2014 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject document for proposed actions that impact fish and fish habitats. The CAMA Major permit application from North Carolina Division of Marine Fisheries proposes to enhance and expand the boundaries of the existing Artificial Reef 360. There is known hard bottom in this area. After a March 5, 2014, meeting with the applicants and attending the March 27, 2014 scoping meeting, the applicant agreed to avoid impact to hard bottom by not deploying any materials within 200 feet of any hard bottom as seen on mapping completed using side -scan sonar. Please feel free to contact Jessi Baker at (252) 808-2808 ext. 213 or iessi.baker@ncdenr.aov if you have any further questions or concerns. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808\FAX: 252-247-3330 Internet: www.nccoastalmanagement,net An Equal Opporlumly \ Af native Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office John E. Skvarla, III Secretary RECEIVED MAY 0 9 2014 DOA STATE PROPERTY OFFICE FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: ENCDMF o Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: ��gency has no objection to the project as proposed. This agency has no comment on the proposed project. ell `vt�� ,sf�r This agency approves of the project only if the recommended changes are incorporated. See attached. fry �`This agency objects to the project for reasons described in the attached comments. C� SIGNED DATE RECEIVED MAY 2 2 7?1" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964 Internet: www.nccoastalmanaaement.net An Equal Opportunity \ Affirmative Action Employer DCM-MUD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Division of Marine Fisheries, c/o Harry Hardy/Greg Bodnar 2. LOCATION OF PROJECT SITE: Artificial Reef #360, located approximately 3.0 nautical miles northeast of New Topsail Inlet, Pander County, within the Atlantic Ocean. Photo Index - NOT AVAILBLE State Plane Coordinates - NOT AVAILABLE Lat:34°21'017"N Long: 77°36'183"W 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill ROVER FILE # - N/A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - N/A Was Applicant Present - N/A 5. PROCESSING PROCEDURE: Application Received - Complete on May 7, 2014 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - N/A Land Classification From LUP -N/A (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing -N/A Planned - N/A (F) Type of Structures: Existing -None Planne i icialReel (G) Estimated Annual Rate of E� 4 Source- N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open Water -1.7 acres (C) High Ground (D) Total Area Disturbed: -1.7 acres (74,052 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing t enhance an existing artificial reef (AR-360). 10 RECEIVED MAY 2 2 2014 DCbf Y- CITY NC Division of Marine Fisheries- c/o Harry Hardy/Greg Bodnar Page 2 9. PROJECT DESCRIPTION: The project site is known as Artificial Reef # 360, or AR-360, and specific information on the reef s composition can be found by visiting the NC Division of Marine Fisheries website (found at http://portal.nedenr.org/web/mf/lookout-fear/ar-360-reef). Generally speaking, the existing reef lies in waters approximately 40'-45' deep, approximately 3.0 nautical miles northeast of the New Topsail Inlet sea buoy, within the Atlantic Ocean. The center of the site is located at 33° 21.017"N and 77°36.183"W. The entire site encompasses approximately 178 acres in area. The area is surrounded by approximately 24 acres of natural bottom in various stages of stability (aggregate to defined rock outcrops) and the applicant proposes to work within a 1.68 acre grid, which would be located a minimum of 200' from any natural hard bottom areas. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality and they are not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. PROPOSED PROJECT: The North Carolina Division of Marine Fisheries is seeking authorj2a&uice an existing artificial reef (AR-360). The project includes the deposition of 15 "Eternal Reef Balls o be discussed later), 150 "Ultra, Pallet and Bay Reef Balls". According to the application package and project narrative, the reef site, once expanded, would encompass approximately 178 acres of near shore bottom. As previously mentioned, the existing reef would be expanded, by way of the creation of a 1.68 acre grid that would consist of the aforementioned reef balls. The eternal reef balls (which contain a small "pearl" of cremated ashes that are encapsulated in the concrete), ultra, pallet and bay balls would be individually installed within the "grid" and would each have a footprint of approximately 13-24 sq. ft. According to the applicant, the minimum footprint of 150 bay reef balls would be 1,065 sq. ft. and the maximum footprint of 150 ultra reef balls would be approximately 3,570 sq. ft. While a deployment contractor has not yet been determined, the Division of Marine Fisheries has committed to have a staff member on -site to monitor the project and ensure that the materials are being deployed within the interment section described. Additionally, the applicant states that side scan data would be collected after deployment to ensure that materials were deployed within the area(s) specified. As the site is already numbered and visible (i.e. contains a yellow buoy noting that it is an artificial reef), the NC Division of Marine Fisheries does not anticipate the installation of additional visual buoys. 10. ANTICIPATED IMPACTS: Approximately 1.7 acres of Public Trust Area and Estuarine Waters would be filled as a result of this project. Temporary increases in turbidity could be expected to result from the project. It does not appear that the project would cause a hazard to navigation. Submitted by: Jason Dail Date: May 7, 2014 Office: Wilmington Project Narrative AR-360 Topsail Reef NC Division of Marine Fisheries Artificial Reef Program Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater (Figure 1). North Carolina Division of Marine Fisheries (DMF) is the permit holder for all artificial reefs in North Carolina. In addition to the US Army Corp of Engineers General permit # 198500194, this proposed enhancement and boundary expansion requires a CAMA permit due to AR-360's location within North Carolina state waters. The objectives of this permit are to:1) Expand the reef site, 2) Bring past deployments on the reef site into compliance, 3) Identify protocols for natural bottom occurrences on reef site, and 4) Describe new enhancements. The current reef site is 105 acres in size and has 48,700 tires, 23 Pallet Reef Balls, 9 Internment Reef Balls, one prefabricated concrete "H" unit, and 2 patch reefs of reinforced concrete pipe (2.75 and 0.26 acres). Only the 140 tons (0.26 acres) of concrete pipe lies within the permitted reef site (Figure 2). Therefore we propose to expand the current reef site to accommodate the permitted reef site and the existing material. The proposed expansion will increase the reef site to approximately 178 acres, which will place all existing material within the expanded reef site and allow for additional enhancements. Any new enhancements will not be deployed within 100 feet of the 178 acre boundary to avoid unintended deployment outside the newly permitted boundary. In the recent past materials common to artificial reef construction were placed on AR-360 without a current CAMA permit due to unintended oversight. At the time of discovery discussions were initiated by the DMF with The NC Division of Coastal Management (DCM) to correct this oversight and bring AR-360 into compliance. Discussions were conducted with David Moye, Debbie Wilson and Jason Dail of DCM. The results of those discussions are displayed in this permit request to expand the reef site to accommodate existing materials. The expanded reef site has approximately 24 acres of natural bottom in various stages of stability. Natural bottom or hard bottom is defined aggregately as areas of exposed rock or consolidated sediments that are distinguishable from surrounding unconsolidated sediments, colonized by algae, sponges, corals, and other sessile organisms to varying extents (SAFMC 1998 and Street 2005). Discussions with DCM and NOAA were conducted to develop protocols when natural bottom is involved. An agreement was set to not deploy artificial reef materials within 200 feet of existing hard bottom. Hard bottom has been identified through side scan sonar assessments of the reef site and have been identified as red polygons on all pertinent figures. Those designated areas will not be impacted by any enhancements. A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc (Figures 3 and 4). Eternal Reef internment balls contain a small "pearl" of cremated ashes that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to the Appendix A for reference material and the accompanying Review of artificial reef sitting procedures for AR-360 for additional information concerning reefing materials, essential fish habitat, species of note, and potential impacts. The grid has space available for 150 Eternal Reef Balls"" (Ultra, Pallet and Bay) to be deployed during the permit timeframe. Individual footprint of each Reef Balim unit is: Ultra (23.8ft2), Pallet (12.6ft2), and Bay (7.1ft2). Due to the unknown amounts of each unit to be deployed, a minimum, maximum and mean footprint was calculated. The minimum footprint of 150 Bay Reef BalISTM is 1,06 gBormaximurn footpA ftWV'ig of DCM WILMINGTON, NC MAY 22M Ultra Reef BallsTM' is 3,570ft2, with a mean footprint of 2,317.5ft2. To conform to the hard bottom agreement, the grid is at least 200 feet from hard bottom identifiable from side scan sonar images. Deployment of the internment Reef Balls' will be conducted by a contractor yet to be determined. DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the internment section described in Figures 3 and 4. DMF artificial reef staff will mark the intended area with high flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy the internment Reef Ballsw. This deployment procedure has been utilized in the past with success. Side scan data will be collected after deployments to ensure that materials were deployed within the area specified. A public comment meeting was held on March 20`h, 2014 at North Topsail Town Hall to discuss the proposed objectives with interested stakeholders. There were no objections voiced during the meeting. SAFMC (South Atlantic Fishery Management Council). 1998. Final habitat plan for the South Atlantic region: Essential Fish Habitat requirements for fishery management plans of the South Atlantic Fishery Management Council. SAFMC, Charleston, SC. Street, M. W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries, Morehead City, NC, 656p. RECEIVED DCM WILMINGTON, NC APR S 0 2014 APPLICATION for Ma1or Development Permit past revised 1 v27/o8) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landownerinformation Business Name Project Name (if applicable) North Carolina Division Of Marine Fisheries AR-360 Topsail Reef Applicant 1: First Name MI Last Name Harry C Hardy Applicant 2: First Name MI Last Name Gregory W Bodnar if additional applicants, please attach an additional pages) with names fisted. Mailing Address PO Box City State 3441 Arendell St 769 Morehead City NC ZIP Country Phone No. FAX No. 28557 USA 252 - 808 - 8053 ext. 252 - 726 - 9218 Street Address fddifferentfrom above) City State ZIP Email Craig.Hardy@nodenr.gov Gregg. Bodnar@ncdenr.gov 2. Agent/Contractor Information Business Name N/A Agentl Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d di%rent from above) City State ZIP Email aµnrcrrcu <Form continues on back> RECEIVED ` MAY 2 2 2014 CCM WILMINGTON, NC 0 "4 wWw nccozs:40&mnepljent.nea Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pender N/A Subdivision Name City State Zip Topsail Beach (nearest) NC 28445 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Onslow Bay River Basin Onslow, Bay, Atlantic Ocean approximately 3nm from New Topsail Inlet c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Onslow Bay, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. State Waters 4., Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A 7,753,680sq.ft. (178 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 44 FSW ®NHW or ❑NWL e. Vegetation on tract None f. Man-made features and uses now on tract Existing artificial reef material. Reinforced concrete pipe (2.75 and 0.26 acres), pre -fabricated concrete Reef Balls (32) and 1 prefabricated concrete "H" unit designed by NCDMF. Please refer to the narrative for additional information on material description. g. Identify and describe the existing land uses adiacent to the proposed project site. Residental and Commercial h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC N1n. 252-808-2808 :: 1-888.4RCOAST :: vrww. nccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing stone water management or treatment systems. WA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®PubliclGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational fishing and scuba diving. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A commercially contracted vessel will be utilized to deploy all materials within locations predetermined by the NC Division of Marine Fisheries (DMF), artificial reef personnel. DMF artificial reef personnel will be on site during all deployments to mark locations, monitor activities, and ensure permit adhearance. d. List all development activities you propose. A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc (Figures 3 and 4 within the project narrative). The 1.68 acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet and Ultra) to be deployed during the permit timeframe. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? New 1.68 Existing 3.19 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Location is approximately 3 nautical miles from New Topsail Inlet and has no potential discharge possibility. RECE I. Will wastewater or stomtwater be discharged into a wetland? ❑Yes ❑No ®NA MAY 2 2 If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. DCM-MM 2014 CTfY <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-808-2808 .. 'i-d88-4RC0AS"f .. www.nccoastalmanagement.nea Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet onhow to. properly prepare the required items below. - .. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the, present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received.a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. - Address - - - Name Phone No. Address Name - - - Phone No. - - Address - - - - -. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. US Army Corp of Engineers general permit #198500194 'Expires December 31, 2016 h. Signed consultant or agent authorization forth, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas: (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further c/errttiify" that the information provided in this application is truthful tothebest/of my knowledge. Date G ram✓ .. ram'®®° Print Name �� 0::� Q Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts []DCM MP-3 Upland Development []DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 11-888-4RCOAST :: www.ncconstalmanagement.ne Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline N W L) stabilization Length 382 Width 191 Avg. Existing NA NA 44ft at MLLW Depth Final Project NA NA 4lNt Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (it) Describe the purpose of disposal in these areas: d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (if) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? RECEIVED MAY 2 2 2014 RECEIVED DCM WILMINGTON, NC DCM MHD CITY 252-808-2808 :: 1-888-4RCOAST n www.nccoastalmanaoement.net reVisedi'12/N6/08 iF®6'm DCPJ5 POP-2 (Excavation and nog, Page 2 of 3) 3. SHORELIMESTABILIZA,TIOAI'.q..`19 This seofionnofapolfcable;- (ff development is a'wood groin, use'MP-4'- Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: c. Average distance watervard of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _"-:` Riprap Breakwater/Sill_ tkr` Other_ 1. Source of fill material. 4.- OTHER-FILL.ACTIVITIES--' (Excludin,g Shoreline'=Stabilization) a. (1) Will fill material be brought to the site? RYes ❑No ❑NA If yes, (11) Amount of material to be placed in the water Dependant on size of Reef Ball. Bay Ball = 750lbs. Pallet Ball = 2.200lbs and Ultra Ball = 4.500lbs. At 150 total units of largest Reef Ball size (Ultra) = 675,000[bs (405 tons). (111) Dimensions of fill area 382' x 191' (1.68 acres) Average depth on site = 44ft. Project depth = 40ft. Material Profile = 4ft. (iv) Purpose of fill The goal of North Carolina's artificial reef program is to develop, maintain, evaluate and administer a successful system of artificial reefs as an integral part of North Carolina's marine fisheries management program, so as to enhance marine fisheries habitat and public fishing and diving opportunities. 5s` GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Concrete weights approximately 2.5 times water. Fill material was designed to resist movement after deployment. Weight per unit ranges from 750lbs to 4,500lbs. These materials are common to artificial reef construction and have proved durable and stable and have been used in NC artificial reef enhancements within ocean waters. c. (i) Will navigational aids be required as a result of the project? RYes ❑No ❑NA f. (1) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. submerged aquatic vegetation (SAV); shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL RNone (ii) Describe the purpose of the fill in these areas: N/A backhoe, or hydraulic dredge)? TBD. Typically the Reef Balls are lowered into the water and released at or near the waters surface. The units then sink straight down and settle on the bottom. d. (i) Will wetlands be crossed in transporting equipmen�4ptoiegt_ site? ❑Yes RNo ❑NA 1tt llat�lVVttUU DCM WILMINGTON, NC 252-806.2808::1-888-ARCO15T :: www.nccoastalwanaaement.net revised: '2 i®6 ; oryri T` CM MP-2 (Excavation and Pill, Page 3 of 3) III) If yes, explain what type and how they will be implemented. Site is currently marked with one yellow 12' spar buoy with approximately 6 visible above the surface of the water. Buoy is secured to bottom via chain and a concrete sinker. Buoys are equipped with an internal radar reflector and reflective tape. Buoy is marked with AR #, NC Division of Marine Fisheries, 1- 800-682-2632, and a Sportfish Restoration Funding logo. Project Name Ile �XAVL. Applicant Name Awale' 00 `/ pplcant Signildure (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECE"D MAY 2 2 2014 RECEIVED DCM WILMINGTON, N( 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 I _ 1 II P N Ons 1• .y Y +1 IIIJ 1 4 V 1! �w1 f• M LLMVM 11[ I�W V M.'�. rx y ,win Lit Ma ad a rrtR Yrt AeY nRq +W u I¢! I NI. vnulw - iY l 1 .Rlr IYII �y y hnM M k Mn r M 1 r rlJlfi W .N�a Sf y: +]dill IaiAV 1Ot11xN - Y ' wrnl4el [««nGUA�eu mri l•.: - ' A,. L.a ..a Tilrlb lAym .. .. r '� ` ,4,N •� �.t' i'+ANmrlmmrwaw�artul. V A '} y �. Y m u•r.-A w IN, 1 b kl I Y' In,l + A JY VIIII RY•�I LIy.I L, i.e ` d ul r V M hJiKee hlVl[[n0"rNM•1uMH11J1'li O.I � I , h'+' h:b SR rguCvTI11rcnmICAM on»Worsroht✓""Wu n wr+cutlet. V ,Y xJ�L. I,.I �.. e1,.1 •. Penc ler `LMA RMF'AM1q=W(I.x,rAM1.IM1+'y al �_• � ,sg' a, R i '� TJp'AiL a°A3K � Y 1 nr •1 � � 1 � .ML'A AC� V w W Via•^- w q .• i. 4* M JM��11 N' e or MO `• M l r- P. Ply a �• • Rdiyr 't u �� OI'1�A1\4 � r a_ w s>•':`�'yv[¢ I R s •` yJ o er y T w wirt, an M" O M r 11. x a • k � t` .m y> ro A aA a q�c, fl M v , er Figure 1'. AR-360 Topsail Reef Legend P RECEM Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 — 105Acres nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater. MAY 2 2 7.014 0 0.5 1 2Nautical Miles o on:InW w rv�r[A,�t1ltt!!nf� i�tr I I I I I I I I I Fender �`''V'•MRD CJ a I a (hl;tu! NC DMF Arfificial Reef Program 3 • Bay Date: 4/42014 " N moAnr Pagel of 4 to zri, 0 Moss: Ezri. GEECO, CAA, ational Geographic, AA, National Geographic, SIVED DCM WILMINGTON, NC -\PH 0 2614 Figure 2: AR-360 Topsail Reef Current Materials Current boundary (517 yds x 997 yds @ 105 acres) with proposed expansion RECEIVED boundary (827yds x 1,043yds @ 178 acres). Current materiel includes a Reef Bell patch reef (standard and internment) and two concrete pipe patch reefs. Legend RB t" MAY 2 2 20" n 0 t50 300 600 Yards • Internment Rq. M+8 —179Acres pCMMHDCTfY 3 onsiew cres Fenaer OAR-350 Natural Bottom NC DMF Artificial Reef Program U!t 5 iU 1 Date: 414QOI4 • Bay OHUnt Page 2 of me: sri, Ci New Hmove, ORCP 0.26Acres vrces: Esri,tioOEEC O, Oational Geographic. Aq, Nanal geographic. O RCP 2.75 Acres RECEIVED DCM WILMINGTON, NC APR 3 0 2014 Figure 3- AR-360 Topsail Reef Proposed Internment Section A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc. The two acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet and Ultra) to be deployed during the permit timeframe. Legend • RB d • Internment RB ws 0 175 350 700 Feet — 1.68 Acre Internment Section s — 178 Acres RECEIVED an"aw — 105 Acres NC DMFArrrficial Reef Program P.naer = H Unit Date: 4/4/2014 . Onslrt1 RCP 0.26 Acres MAY 22 2014 Page 3 of 4 Bay bw Nmov.' ORCP 2.75 Acres rce sri, 0 uroes: Esrl, GEBL O, ��M-�AiC,.�(�SI+ oiw, atieaal ocograp >�Naecnl Geographic, AR-360 Natural Bottom RECEIVED DCM WILMINGTON, NC APR 3 0 2014 s r' Figure 4: AR-360 Topsail Reef Proposed Internment Section Exploded View Not drawn to scale inimum Vertical Clearance 29' P Q �q O Depth to material M' 0 Q n nnn Reef Ball Metrics (left to right) Ultra Width 5.5fL Height 4.3ft Footprint 23M Pallet Width 4ft Height 2.9ft Footprint 12 b1t2 Bay Width aft Height 2ft Footprint 7.11`12 The 1.68 acre patch reef (approximately 382ft. x 191ft.) has 15 grids with each grid 76ft x 63ft. Each grid has space available for 10 Eternal Reef Balls (Bay, Pallet and Ultra). 0ns1 i NC DMF Artificial Reef Program O e eenaer n1lSiD Date: 4/42014 Page 4 of 4 +E - iw Nanoea 0 70 140 2B0 Feet sri, G voee: Esri. GEBCO. K C) i OM, ational Gecoraphic. pq, Nanowl GBaa Ophio. s z� �m C)O z z z 0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE MAY 0 8 2014 BY: John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: -,-'This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED a 6> DATE �/57 kt4 JWCENED 127 Cardinal Drive Ext., Wilmington, NC 28405 �` Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net MAY 2 1 2014 An Equal Opportunity � Affirmative Action Employer DC,Nf-Ivt!iD CITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Fender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to 7o, project for reasons described in the attached comments. SIGNE DATE a j S t 31 ! 4 BECMED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net MAY 2 0 2014 An Equal opportunity \ Affirmative Action Employer DC:vl•V-gD CITY May, 19, 2014 11:42AM NC Dept of Transportation tb InvpAcr To No. 5612 P. 1 ® A DPW 5-Iro�I4 KNEW North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary ttlSi(2YCT 1 MGY 1 3 2014 May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Robert Vause NC DOT Pender County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11.12-09) SUBJECT; CAMA / D&F Major Permit Application Review Applicant: MCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate bet vGyour agency's posit) n or viewpoint on the proposed project and Ile turn this form tt Jonathan Howell at thfi address above by May 30, 2014, If you have any questions reg i the proposed ct, contact Jason Dail at (910) 796-7221, when appropriate, in dep comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 7/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. %J/�T�his gency object to the project for reaps ns d scribed in the attached comments. SIGNED v'� �� DATE 7 127 Cardinal Drive IRA, Wilmington, NC 28406 Phone: 910-796.72161 FAX: 910-395-39641nlemel: WwWAao821almana9smem.nel An Equal OpWunllyl rarnalke AcGun E410*r WCDENR North Carolina Department of Environment,and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management :MEMORANDUM: TO: Mark Zeigler WiRO Division of .Community Assistance. John E. Skvafla III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave.,'Morehead`City, NC 28557 (CourlerI1-12-09) SUBJECT: LAMA/.D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co.,, within the Atlantic0cean, Proposed Project; to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed,prcject and .return this form to Jonathan Howell at,the address above by May 30, 2014. If you have any questions regarding the proposed'project, contact Jason Dail at (010) 796.7221, when appropriate, in-depth comments with supporting data is requestetl: REPLY: X This. agency has no objection to, the ,project:as proposed. This, agency'has no comment on the proposed. project; This agency approves of theproject. only if the recommended changes are incorporated. See attached. This agency objects to the project'for reasons described in the.attached`comments. SIGNED 1'r AvtC 'Z.r✓+g /e DATEe. 127 Cardinal Drive Ext., wilmington NC 28405' kone: 910!796-M 5 CFAX: 910-39$-39641nternei: www nccoaslalmanaoementrlet M'Equal Opportunity1 Affirmative Add Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May8, 2014 14-05. rz-o3 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCW RC WaRO / WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ZED DATE S- 13 -2D, R>✓ IVIikt, 014 1 6 2014 127 Cardinal Drive Ext., W lmington, NC 28405 W MQy ED Phone: 910-796-7215\ FAX: 910.395.3964Internet: www.nccoastalmanaaement.net An Equal Oppodunityl Aflinnafive Action Employer DCM �F6lB1.12..9Z NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Debra Benoy District Manager Public Water Supply MAY 0 8 2014 John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howeli at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: � This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED C— DATE j `C MAY 14 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215\ FAX: 910.395.3964Internet: www.ncooastalmanaaement.net DCM-MHDC" An Equal Opportunity 1 Affirmative Achon Emp dyer NCDENR Pat McCrory North Carolina Department of Environment and Natural Resources Governor May 8, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary. FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCDMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE J"ft-( qr Zo(q RECEWED MAY 14 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaciement.net An Equal Opportunity 1 Affirmative Action Employer DCM•MO CITY Recommendations for State Permit —NC DMF- c/o Harry Hardy/Greg Bodnar May 7, 2014 This project appears to be consistent with the management objectives and use standards for Estuarine Waters and Public Trust Areas as stated in NCAC 07H .0206 and .0207. While there are no specific use standards for artificial reefs, the project does appear to also meet the general use standards listed in NCAC 07H .0208(a). This office has no objections to the proposed project. It is recommended that any permit issued should include the following conditions in addition to any others recommended by the US Army Corps of Engineers: 1 The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 2 The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. Aim, itEIVED rMAYICf2 2014 !)CM-N'uDC:TY Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Monday, June 23, 2014 12:01 PM To: Howell, Jonathan Subject: AR 360 conditions (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Here are the federal comments for AR 360. 1. Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and clearance depth and all necessary navigational aid permits required by thre U.S. Coast Guard and furnished copies to the Wilmington District. 2. All material placed to construct reefs will be selected and placed so as to avoid the movement of reef materials due to sea conditions or currents. The permittee will be responsible for any materials which are moved by sea conditions or which break loose from reefs or fish attractors, and the permittee will be responsible for any damage caused by such materials. 3. All materials used for construction of reefs or fish attractors will be clean and free of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues (mercury, cadmium and lead) and loose, free floating material and other deleterious substances and/or in compliance with criteria established by the U.S. Environmental Protection Agency (EPA). 4. The North Carolina Division of Marine Fisheries (NCDMF) will be responsible for maintaining any clearance above the reef or attractor device required by the U.S. Coast Guard, the Corps of Engineers and/or any other appropriate regulatory agency. 5. This permit does not authorize the placement of material within any rock outcroppings/hard bottoms. 6. The permittee will notify the NOAA/National Ocean Service, in writing, at least two weeks before work begins and upon completion of the work. Their email address is ocs.ndb@noaa.gov and their mailings address is: Department of Commerce, NOAA, Nautical Data Branch, N/CS261, Station 7331, 1315 East-West Highway, Silver Spring, MD 20910. 7. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. 9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in 1 the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetland's outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. A hard copy will be in the mail. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue 2 w Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 3 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination —NC Division of Marine Fisheries, — Pender County Date: June 26, 2014 Consistency Determination: This project is consistent with, the Pender County Comprehensive Land Use Plan. The applicant proposes to enhance an existing artificial reef (AR-360). The site is locates approximately 3.0 nautical miles northeast of New Topsail Inlet within the Atlantic Ocean. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern (AEC's) are PTA, and EW. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Comprehensive Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Pender County Comprehensive Land Use Plan. Cc: FILE NC® NIt f ; P,IAY 12 2DIn l �dorth Carolina Department'of Environment and'Naturd Resources Pat McCrory I -- = OWE Shvatla, III Governor Secretary May 8, 2014 1�f Division of Coastal Management U MEMORANDUM: l� - CR) 1 �� f TO: Renee Gledhill -Early Dept. of Cultural Resources Archives & History FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Major Permit Application Review Applicant: NCQMF c% Harry Hardy & Greg Bodnar Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean Proposed Project: to enhance an existing artificial reef (AR-360) Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 30, 2014. Ifyou have, any questions regarding the proposed project, contact Jason Dail at (910) 796-7221, when appropriate,'in-depth comments with supporting data is,requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE V 127 Garlinal Drive Ext., Nhlrvng on, NC 28,105 Phone: 910-79G-7215:1 FAX: 91e-3954XA Intemet Wtiwr.nccoas1gM naaemenr.noi 0 il A4nm.vn+..;n Errvcic, MAY 1 3 Z014 Project Narrative AR-360 Topsail Reef NC Division of Marine Fisheries Artificial Reef Program Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater (Figure 1). North Carolina Division of Marine Fisheries (DMF) is the permit holder for all artificial reefs in North Carolina. In addition to the US Army Corp of Engineers General permit # 198500194, this proposed enhancement and boundary expansion requires a CAMA permit due to AR-360's location within North Carolina state waters. The objectives of this permit are to: 1) Expand the reef site, 2) Bring past deployments on the reef site into compliance, 3) Identify protocols for natural bottom occurrences on reef site, and 4) Describe new enhancements. The current reef site is 105 acres in size and has 48,700 tires, 23 Pallet Reef Balls, 9 Internment Reef Balls, one prefabricated concrete "H" unit, and 2 patch reefs of reinforced concrete pipe (2.75 and 0.26 acres). Only the 140 tons (0.26 acres) of concrete pipe lies within the permitted reef site (Figure 2). Therefore we propose to expand the current reef site to accommodate the permitted reef site and the existing material. The proposed expansion will increase the reef site to approximately 178 acres, which will place all existing material within the expanded reef site and allow for additional enhancements. Any new enhancements will not be deployed within 100 feet of the 178 acre boundary to avoid unintended deployment outside the newly permitted boundary. In the recent past materials common to artificial reef construction were placed on AR-360 without a current LAMA permit due to unintended oversight. At the time of discovery discussions were initiated by the DMF with The NC Division of Coastal Management (DCM) to correct this oversight and bring AR-360 into compliance. Discussions were conducted with David Moye, Debbie Wilson and Jason Dail of DCM. The results of those discussions are displayed in this permit request to expand the reef site to accommodate existing materials. The expanded reef site has approximately 24 acres of natural bottom in various stages of stability. Natural bottom or hard bottom is defined aggregately as areas of exposed rock or consolidated sediments that are distinguishable from surrounding unconsolidated sediments, colonized by algae, sponges, corals, and other sessile organisms to varying extents (SAFMC 1998 and Street 2005). Discussions with DCM and NOAA were conducted to develop protocols when natural bottom is involved. An agreement was set to not deploy artificial reef materials within 200 feet of existing hard bottom. Hard bottom has been identified through side scan sonar assessments of the reef site and have been identified as red polygons on all pertinent figures. Those designated areas will not be impacted by any enhancements. A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc (Figures 3 and 4). Eternal Reef internment balls contain a small "pearl" of cremated ashes that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to the Appendix A for reference material and the accompanying Review of artificial reef sitting procedures for AR-360 for additional information concerning reefing materials, essential fish habitat, species of note, and potential impacts. The grid has space available for 150 Eternal Reef Balls" (Ultra, Pallet and Bay) to be deployed during the permit timeframe. Individual footprint of each Reef Ball" unit is: Ultra (23.8ft), Pallet (12.6ft2), and Bay (7.1ft2). Due to the unknown amounts of each unit to be deployed, a minimum, maximum and mean footprint was calculated. The minimum footprint of 150 Bay Reef Balls' is 1,065ft2, and the maximum footpoRb"5g RECEIVED DCM WILMINGTON, NC APR 3 0 2014 " MAY 12 2014 Ultra Reef BaIIsTM is 3,570ft2, with a mean footprint of 2,317.5ft2. To conform to the hard bottom agreement, the grid is at least 200 feet from hard bottom identifiable from side scan sonar images. Deployment of the internment Reef BaIIsTM will be conducted by a contractor yet to be determined. DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the internment section described in Figures 3 and 4. DMF artificial reef staff will mark the intended area with high flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy the internment Reef BaIIsTM. This deployment procedure has been utilized in the past with success. Side scan data will be collected after deployments to ensure that materials were deployed within the area specified. A public comment meeting was held on March 20h, 2014 at North Topsail Town Hall to discuss the proposed objectives with interested stakeholders. There were no objections voiced during the meeting. SAFMC (South Atlantic Fishery Management Council).1998. Final habitat plan for the South Atlantic region: Essential Fish Habitat requirements for fishery management plans of the South Atlantic Fishery Management Council. SAFMC, Charleston, SC. Street, M. W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources, Division of Marine Fisheries, Morehead City, NC, 656p. J12MVBD MAY 12 2014 ��Crry RECEIVED DCM WILMINGTON, NC e .s DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Division of Marine Fisheries, c/o Harry Hardy/Greg Bodnar 2. LOCATION OF PROJECT SITE: Artificial Reef #360, located approximately 3.0 nautical miles northeast of New Topsail Inlet, Pender County, within the Atlantic Ocean. 4. 5. Photo Index — NOT AVAILBLE State Plane Coordinates — NOT AVAILABLE Lat:34°21'017" N Long: 77°36'183" W INVESTIGATION TYPE: CAMA/ Dredge & Fill ROVER FILE # - N/A INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A Was Applicant Present — N/A PROCESSING PROCEDURE: Application Received — Complete on May 7, 2014 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — N/A Land Classification From LUP — N/A (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment:Existing — N/A Planned — N/A (F) Type of Structures: Existing —None Planned — Artificial Reef (G) Estimated Annual Rate of Erosion: N/A Source- N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands en Water —1.7 acres (C) High Ground (D) (E) Total Area Disturbed: —1.7 acres (74,052 sq. ft.) Primary Nursery Area: No Water Classification: SB Open: No PROJECT SUMMARY: The applicant is proposing to enhance an existing artificial reef (AR-360). RECEIVED MAY 12 2014 DCM-MRD CITY NC Division of Marine Fisheries- c/o Harry Hardy/Greg Bodnar Page 2 9. PROJECT DESCRIPTION: The project site is known as Artificial Reef # 360, or AR-360, and specific information on the reef s composition can be found by visiting the NC Division of Marine Fisheries website (found at http://portal.ncdenr.org/web/mf/lookout-fear/ar-366-reef). Generally speaking, the existing reef lies in waters approximately 40'-45' deep, approximately 3.0 nautical miles northeast of the New Topsail Inlet sea buoy, within the Atlantic Ocean. The center of the site is located at 33' 21.017"N and 77°36.183"W. The entire site encompasses approximately 178 acres in area. The area is surrounded by approximately 24 acres of natural bottom in various stages of stability (aggregate to defined rock outcrops) and the applicant proposes to work within a 1.68 acre grid, which would be located a minimum of 200' from any natural hard bottom areas. The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality and they are not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. PROPOSED PROJECT: The North Carolina Division of Marine Fisheries is seeking authorization to enhance an existing artificial reef (AR-360). The project includes the deposition of 150 "Eternal Reef Balls" (to be discussed later), 150 "Ultra, Pallet and Bay Reef Balls". According to the application package and project narrative, the reef site, once expanded, would encompass approximately 178 acres of near shore bottom. As previously mentioned, the existing reef would be expanded, by way of the creation of a 1.68 acre grid that would consist of the aforementioned reef balls. The eternal reef balls (which contain a small "pearl" of cremated ashes that are encapsulated in the concrete), ultra, pallet and bay balls would be individually installed within the "grid" and would each have a footprint of approximately 13-24 sq. ft. According to the applicant, the minimum footprint of 150 bay reef balls would be 1,065 sq. ft. and the maximum footprint of 150 ultra reef balls would be approximately 3,570 sq. ft. While a deployment contractor has not yet been determined, the Division of Marine Fisheries has committed to have a staff member on -site to monitor the project and ensure that the materials are being deployed within the interment section described. Additionally, the applicant states that side scan data would be collected after deployment to ensure that materials were deployed within the area(s) specified. As the site is already numbered and visible (i.e. contains a yellow buoy noting that it is an artificial reef), the NC Division of Marine Fisheries does not anticipate the installation of additional visual buoys. 10. ANTICIPATED IMPACTS: Approximately 1.7 acres of Public Trust Area and Estuarine Waters would be filled as a result of this project. Temporary increases in turbidity could be expected to result from the project. It does not appear that the project would cause a hazard to navigation. Submitted by: Jason Dail Date: May 7, 2014 Office: Wilmingto&, gggEpgD MAY 12 Z014 DcvtM crty MAJOR PERMIT FEE SCHEDULE NCDMF AR-360 Topsail Reef / $ / Pender Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands ,and/or open water areas: $475 60% $285 40% $190 rMRECEIVED AY 12 2014 DCM-MHD MY AlioGHI4iWJG _ tilOd Z i XVN GaAmn 4 000 YYY APP YYH omm NNN YYY YYY PAP WNW 000 WWW WNW b n n 000000000000000000000000000000000000000Hlm P APAPPPPPPPAPAAAAPPPAPAAAPPAAPPAPAPAPPA IM N NUNNUUNNUNNNNNUYYYYYYYYYYYYOoo00000000W1 m mNNNNNPPPANNYYYJmmWNNNNPPOObbmJPWWWWWNmItl NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNOIH o o0aoo0a00000a0000ao0000000000a000m0000alm Y YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYHO A PAPPAPAAPAPPAPAAPAPPPAAPPAAAPAPPPPAPPPb W Y YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYHYYY Itl q mmmmgmgmqqqqqqmmmmqmqqmmqqmqmqqqqqqmmm 10 N NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN In Y YYYYYYYYYYYYNYF'YYNYYYYYYF'YF'YYNYI'YI'V'YYY I Y YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY I P PAAPAAPAAAPAPPAAPPPAAPPPPAPPPPAPAAPPPPnIm N NNNNNNNNNNNNMNNNUMNNNNNUNNNNNMNNUUNNNUOIx bbbbbbmbbmbbmAmmmmWmmmmmmmJJJJWJJJJJJJJb1y 0 ObbWbbNNNWWTJ m PWWWW NNN Oo bNNbNNNNNOOJJJJgWNYYYYYYmI NYmYJmmmmmWWJJYYmbgmmmmmW yyl rl I �I O m pjIx H IK H H NNN tlYNNNNYYNNNNYNbYNYYbNNNNNYHNNNYmNNNNNHYNMI YYY§WYYYYWWYYYMWI+NWYWWNMYYYYWWYYYWNYYYYYWWYmI qNm MWNNggWmmqNqWNmmNWWmqNqmNmWqmmWmqNqmmmWmmltl YOY YOOYYYNYYOYYOPI+OYYWYOYYOYF'YYOYWYOYMYYYOmIH WbW NbbWWNOWWbWNmObmNNbNmUNmbNNNmNgNmNNNWHm IH mWN mNYWAJNNOOYgbJNmNDJmgJbJNWqNNYmPPNWYPJW IH ftl Y 10 3 0 0 0 xy �S Im In N I o Y Y ro 3 N P P IH H Y I H P iW H n 1 H ro x m M Y IO H I 000C 000C YYY WOWm Nmmm 000C I I I I I 1 Itl Im Im I ly ................................. t 00000000000000000000000000000000000000011 000000000000000000000000000000000000000111 N OI HI I' HI xl QI 1n mIN H YNN YN YH Y YYYW Y Y Y Y I tl m YAYANbPgYWbmWNNNmAWWmJJYNPJmONAOWPJbOm IH m NmmPAmmANNmPNmOP00NggqqNmmqP OmmPN ON q P O IH o0000000000000000000om00000o00mo0000000nl mI 000000000000000000000000000000000000000 1 OOo000000000000000000000o00000000oo0000II I' J1n W1m III 01 OI mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmlam nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn If; ro m m m ro m H H mmz roHH mA 'HH H C yny O p0pY 0Z0 exH \mx oyq Yn NHM 00,4 Yxm P �o r mr tl o III WmQ \ N N O m Y 1( P m Dail, Jason From: Sent: To: Subject: Attachments Good morning Jason, Stadiem, Arthur M Wednesday, May 07, 2014 10:25 AM Dail, Jason RE: AR-360 Payment of permit fee DMF.pdf It was processed April 29`h as a journal voucher, the transaction number is 16391135888. 1 attached a copy of the transaction list if you would like to see it. Thanks, Arthur From: Dail, Jason Sent: Wednesday, May 07, 2014 9:54 AM To: Stadiem, Arthur M Subject: FW: AR-360 Good morning Arthur. Can you confirm receipt of payment for this project? Thank you, Jason Dail v,C.Uia•isian nfCntsxa€ 3€niyarl;etstetlr~ 127t'11-diflal D1ive Extension li'ilutinp can, \C'�+1 t:p5 pirw v - 'vk '� •$nry€L1a�zsaw.cta'sti�roctfeset.¢;ntt.• •ww%%.ocrcia SAAIZI all <'lgfm a fit it1 �vxttt�te•�l.`tast D '' Ifl r 'Orilueset and Zar *Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be disclosed to third parties.* Please visit www.nccoastaimanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. From: Bodnar, Gregg Sent: Wednesday, May 07, 2014 9:39 AM To: Dail, Jason Subject: RE: AR-360 NCDETIR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary May 8, 2014 Advertising@stamewsonlirte.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo • Jimmy Creech / New Hanover Co. • NCDNIF / Pender Co. Kyle & Heather: Please publish the attached Notice in the Friday, May 9, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support & Customer S ice Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM RECEIVED Ronnie Smith - USACE Michele Walker- DCM MAY 12 2014 DCAi--Y-0 CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-3953964Internet: www.nomstaimanagement.net An Equal Opportunity \ Affin dve Acbm Empoyer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in an Area of Environmental Concern as designated under the CAMA. According to said application, On May 7, 2014 the N.C. Div. of Marine Fisheries proposed to enhance an existing artificial reef, located approximately 3 nautical miles NE of New Topsail Inlet, Pender County, within the Atlantic Ocean; And on April 15, 2014, Jimmy Creech proposed to construct a bulkhead at 17 Beach Road S. (Figure 8 Island), adjacent to Banks Channel, in Wilmington, New Hanover County. A copy of the applications may be examined or copied at the office of Tara MacPherson, (Creech) and Jason Dail (NCDMF), N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910- 796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 30, 2014 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECUM MAY 12 2014 DCM-mn CITY 7V4jA CDEEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 Mr. Harry C. Hardy NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 Dear Mr. Hardy: John E. Skavarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval for the enhancement of an existing artificial reef (AR-360), which is located approximately 3.0 nautical miles northeast of New Topsail Inlet, in the Atlantic Ocean. Your application was received as complete on May 7, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 22, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 7, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. erely, ��� MAY 12 2914 on D t Field Representative DCM-MBDCITY cc: Jonathan Howell, DCM-MHC Ronnie Smith, COE WiRO - file 127 Cardinal Drive Fxt., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-3953964 Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer god C m NOTI(O'$17i CAMA PERMIT APPLIED FOR PROJECT: Ocean, in Pender County. APPLICANT: all FOR MORE DETAILS CONTACT Wilmington, NC 28405 jason Dall, District Manager 1n?n0 21 NC DMF Artificial Reef Program Review of Artificial Reef Siting Procedures A synopsis of objectives, methods and materials and impacts for sitting a nearshore ocean artificial reef in Onslow, North Carolina, AR-360 Gregory W. Bodnar 3/28/2014 r RECENED MAY 12 ?n14 DCWf-mn CrrY RECEIVED DCM WILMINGTON, NC APR 2 9 2014 Table of Contents Section 1 Background.............................................................3 Section 2 Sitting Methods.........................................................4 Section 3 Essential Fish Habitat, Habitat Areas of Particular Concerns and Managed Species................................6 Section 4 Reef Material Categories..........................................14 Literature Cited..............................................................18 This document is intended for use by multiple agencies and organizations as a reference guide and therefore all sections may not be applicable. Frequent updates of this document are expected to address individual reef site uniqueness. Page 12 RECEIVED MAY 12 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 9 2014 Section 1 Background The re -drafted Magnuson -Stevens Fishery Conservation and Management Act (Public Law 94-265) calls for direct action to stop or reverse the continued loss of fish habitat, stating that habitat is an important component of comprehensive fishery management programs. Congress mandated that the identification of habitats was essential to manage species and measures must be taken to conserve and enhance the identified habitat. The Act requires cooperation among multiple agencies including National Marine Fisheries Service (NMFS) and the regional Fishery Management Councils to protect, conserve, and enhance "essential fish habitat". Congress defined essential fish habitat (EFH) for federally managed fish species as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". Locally, the State of North Carolina has noted in the Coastal Habitat and Protection Plan (CHPP) that hard bottom, including artificial reefs, provides substrate for: sessile organisms, spawning and feeding grounds, refuge, and are negatively impacted by anthropogenic disturbances such as dredging, nutrient enrichment, and marine debris (Deaton et al. 2010). It is the goal of the NC Artificial Reef Program to develop, maintain, evaluate and administer a successful system of artificial reefs as in integral part of North Carolina's marine fisheries management program, so as to enhance marine fisheries habitat and public fishing and diving opportunities. Enhanced reef habitat (artificial reefs and oyster sanctuaries) can be wide ranging in materials from concrete and shipwrecks to naturally occurring materials like shell and marl. These materials provide suitable substrate for colonization of flora and fauna. Currently the State of North Carolina maintains 41 ocean and 8 estuarine artificial fishing reef locations (Figure 1). These reefs range from the SC/NC to NCNA borders ranging from 1 to 30 nautical miles (nm) from shore, in Pamlico and Albemarle Sounds and the Neuse, Pamlico and New Rivers. The following information has been developed for a permitted ocean reef herein referred to as AR-360 (Figure 2). AR-360 is centered 3 nm northeast of New Topsail Inlet, NC in Pender County. Enhancements to this reef site is expected to provide increased habitat for important finfish and invertebrates, and relieve recreational fishing pressure on nearby artificial reefs thereby increasing overall user satisfaction. This reef as proposed is within North Carolina state waters in approximately 44 feet of seawater, with a 3 foot average deep sand bottom overlaying a limestone base. Minimum vertical clearance has been established by the United States Coast Guard at 29 feet of seawater. All bottom is non - vegetated and without benthic sessile organisms. For further information on location and specific enhancement plans for this proposed reef (AR-360), please review the accompanying CAMA documentation. ip RECEIVED Objectives MAY 12 2014 DCv! N!HD CITY Maintaining a successful system of artificial reefs in the ocean waters has been a NC endeavor for nearly forty years. Currently, the use of appropriated state, federal Sport Fish Restoration (SFR), and Coastal Recreational Fishing License (CRFL) funding is directed for the enhancement of estuarine finfish and oyster resource needs. The construction of this reef site originates from these funding sources and uses donated materials through contributions from civic groups and businesses throughout North Carolina and adjacent states. The materials Page 13 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 utilized for artificial reef construction in North Carolina are time tested and known to provide suitable substrate for a future thriving ecosystem. Reef BaIISTm have been used in nearshore, offshore, and inshore NC waters with success for over 15 years (See Reef Material Categories). This nearshore ocean reef will provide accessible coastal opportunities to anglers and SCUBA divers, EFH to multiple life histories of ocean dependent finfish species and juvenile and sublegal estuarine dependent finfish species emigrating to the ocean, as well as providing hard substrate for a variety of sessile invertebrates. All necessary permits and compliance approvals will be obtained before construction begins. This document outlines the expansion of the reef site, as well as current enhancement. RECEIVED Section 2 MAY 12 2014 Sitting Methods Doma,Mc:TY Artificial reef enhancement can be wide ranging in material types from concrete modules to steel shipwrecks and naturally occurring materials like shell and marl. In this project the proposed enhancement materials are three sizes of Reef BaIISM (Bay, Pallet and Ultra). Weights will range from 750 to 4,500 Ibs (please refer to Figure 4 located in the Project Narrative for complete specifications). Reef BaIISTm are a prefabricated artificial reef module designed to be stable and durable, with a proven record, and are a common material used artificial reef enhancement. Commercial marine contractors will be used for the deployment of this material. The DMF artificial reef program's reef survey vessel will be onsite during all deployments to ensure proper positioning of this material. Prior to any construction plans a side scan SONAR mosaic of the site was performed and reviewed to identify possible areas of natural live bottom or archeology interest, within the proposed construction area. There were no indications of archeologically significant structures within the proposed expansion. Natural live bottom or hard bottom was identified on the side scan sonar mosaic. Hard bottom is not uncommon within North Carolina waters. A preliminary meeting was held on March 5, 2014 between NCDMF (Chris Jensen and Gregg Bodnar), NMFS (Fritz Rohde) and NCDCM (Jessi Baker) concerning the presence of exposed hard bottom (ledge, live bottom) on or near these sites and the implications of deploying material in the vicinity. An agreement for placement of new reef material was set at a minimum distance of 200 feet from any hard bottom identified from side scan sonar operations. Hard bottom was identified and marked using ESRI ArcMap 10.1 software (GIS). Particular interest has been given to the following criteria. 1) Proximity to existing EFH. The main objective to reef construction is to supplement existing EFH with manmade materials. This would be counter -productive if existing natural EFH was damaged during the process. All efforts will be made to place material and new reefs sites in acceptable areas by using the CAMA review process. 2) Availability of suitable materials. Material selection is a process that takes into account all the criteria mentioned here in addition to stability/durability and bottom type. Stability/durability is a concern in any reef construction project. The most optimal site is one that satisfies the definition of EFH over the longest timeframe possible. Events such as hurricanes, prevailing winds and current movement are taken into account at each site. Bottom type is also crucial in that sitting a material on the wrong bottom type will reduce its stability/durability and effectiveness as EFH. 3) Dominant finfish composition. Materials that best fit certain metrics of habitat complexity could be identified for a dominant species. 4) Water quality factors such as hypoxic/anoxic events and other events of poor water quality can Page 14 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 severely reduce the effectiveness of EFH. 5) Geographical location. Commercial fishing interests, major waterways and other anthropogenic conflicts will shape the process of enhancing/enlarging existing reefs and the sitting of potential new reef sites. A public comment meeting was held on March 20, 2014 in North Topsail to review expansion, enhancement, and to identify any potential user conflicts. No user conflicts were reported for the expansion identified in the CAMA permit documentation. Site Evaluation Methods 1. GIS will be utilized to develop a comprehensive data set of all existing and proposed involvement a. existing EFH will be documented b. side scan pre -mission planning c. production of visual references for regulation and permitting 2. Potential site, including surrounding bottom will be side scanned to create a comprehensive mosaic of site area a. items to be identified i. existing material ii. permitted reef site iii. potential expansion dimensions iv. unknown objects identified 3. Bottom identification will be utilized to create a mosaic of bottom type 4. Development of sampling matrix for site (not applicable) a. sampling stations will be identified through side scan and GIS i. unknown objects ii. sediment type (depth and extent) 5. Visual confirmation through SCUBA and video (not applicable) a. divers or drop video will confirm all unknown objects and sediment type for each sampling station identified i. water quality at surface and bottom 1. salinity, dissolved oxygen, temperature, secchi disk ii. object type iii. water depth iv. predominant sediment type RECEIVED v. predominant sediment depth (up to 7 feet) 6. Materials will be identified based on MAY 12 2014 a. availability b. sediment type c. durability and stability DCM-MHDCrrS 7. All data will be utilized in GIS to develop comprehensive map of proposed construction Page 15 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 Sitting methods After a permit has been approved, sifting of reef materials will begin. As previously mentioned, the primary construction will be performed by a marine contractor. Though no specific marine contractor has been identified for this project, similar projects have been successfully accomplished and are the standard operating procedure. The process is outlined with examples. • Site evaluations and/or side scan sonar mosaics of reef site are used to determine appropriate patch reefs within reef site boundary o GPS coordinates are identified to develop a patch reef boundary • Support vessels use onboard GPS to deploy high profile visual marking floats to identify deployment locations • Artificial Reef personnel continually monitor location of deployment vessel to insure accuracy • The deployment support vessel may use onboard side imaging sonar or side scan sonar equipment to accurately mark boundaries of patch reef and gather accurate GPS numbers to add to material database . RECEIVED Section 3 " MAY 12 2014 C Essential Fish Habitat, Habitat AreasD�1, Particular Concerns and Managed Species Table 1 shows the categories of EFH and Habitat Areas of Particular Concern (HAPC) for managed species which are identified in the Fishery Management Plan Amendments of the South Atlantic Fishery Management Council (SAFMC) and which may occur in southeastern Atlantic states. Table 2 lists fish species by life history stages which may occur in the vicinity of the project area and are managed under SAFMC. Specific fish and invertebrate species likely associated with the reef site during one or more of the species life history stages are listed in Table 3. These fish species and habitats require special consideration to promote their viability and sustainability. The potential impacts of the proposed action on these fish and habitats can be seen in Table 1 and are discussed below. Nearshore Ocean Water Column The nearshore ocean water column is defined as a medium of transport for nutrients, larvae and migrating organisms between river systems and the open ocean. The impact of this project is expected to be permanent and utilize space within the water column which may in turn alter currents and velocities in the immediate vicinity. This project will not impede the flow of waters to or from wetland areas nor the ocean waters. This project intends to add hard substrate on which multiple organisms, including encrusting species (algae, oysters, mussels, tunicates, corals, etc), motile invertebrates (crabs) and finfish (both transient and resident species) may utilize at multiple life stages from spawn through adult. The addition of hard substrate will enhance the available habitat used by the finfish assemblages and the ass 2te�d EIVED Page 6 DCM WILMINGTON, NC APR 2 9 2014 encrusting community. Increasing the available habitat should help increase the available stock of reef associated species. Any impacts on the epibenthic community are expected to be minimal and short term. Table 1. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in Southeast United States (') (N/A= Not Applicable; NS = Not Significant) Present within Impacts from ESSENTIAL FISH HABITAT or adjacent to enhancement of ocean project area artificial reefs Estuarine Areas 1. Aquatic Beds N/A N/A 2. Estuarine Emergent Wetlands N/A N/A 3. Estuarine Scrub/shrub Mangroves N/A N/A 4. Estuarine Water Column N/A N/A 5. Intertidal Flats N/A N/A 6. Oyster Reefs & Shell Banks N/A N/A 7. Palustrine Emergent & Forested Wetlands N/A N/A 8. Seagrass N/A N/A Marine Areas 9. Artificial/Manmade Reefs YES NO 10. Coral & Coral Reefs NO N/A 11. Live/Hard Bottoms YES NS 12. Sargassum NO N/A 13. Water Column YES Permanent Page 17 RECEIVED MAY 12 2014 DC Adv u0 CITY RECEIVED DCM WILMINGTON, N APR 2 9 2014 Table 1 cont. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in Southeast United States (') (N/A = Not Applicable; NS = Not Significant) GEOGRAPHICALLY DENFINED HABITAT AREAS OF PARTICULAR CONCERN Present within or adjacent to project area Impacts from enhancement of ocean artificial reefs Area -Wide 14. Council -designated Artificial Reef Special Management Zones NO N/A 15. Hermatypic (reef -forming) Coral Habitat & Reefs NO N/A 16. Hard Bottoms YES NO 17. Hoyt Hills NO N/A 18. Sargassum Habitat NO N/A 19. State -designated Areas Important for Managed Species NO N/A 20. Submerged Aquatic Vegetation(SAV) NO N/A North Carolina 21. Big Rock NO N/A 22. Bogue Sound NO N/A 23. Cape Fear, Lookout & Hatteras (sandy shoals) NO NO 24. New River NO N/A 25. The Ten Fathom Ledge NO N/A 26. The Point NO N/A 'Areas shown are identified in Fishery Management Plan Amendments of the South Atlantic Fishery Management Council and are included in Essential Fish Habitat: New Marine Fish Habitat Mandate for Federal Agencies. February 1999. (Tables 6 and 7). RECE M MAY 12 2014 DCM MDCtT9 Page 18 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 Table 2. Essential Fish Habitat (EFH) Species nearshore Atlantic Ocean, Onslow, North Carolina. Source: E = Eggs; L = Larval; J = Juvenile; A = Adult; N/A = Not Found EFH Fish Species Water Body EFH Fish Species Water Body Atlantic Ocean Long Bay Atlantic Ocean Long Bay Bluefish ELA Gray triggerfish E L J A Summer flounder LJA Yellow jack E L J A Gag grouper J A Blue runner E L J A Gray snapper L J Crevalle jack E L J A Dolphin L J Bar jack L J A Cobia E L J A Greater amberjack L J A King mackerel LJA Lesser amberjack JA Spanish mackerel LJA Almaco jack J A Black sea bass LJA Banded rudderfish J A Spiny dogfish J A Spadefish L J A Brown shrimp ELA White grunt L J A Pink shrimp ELA Hogfish N/A White shrimp ELA Puddingwife L J A Atlantic bigeye tuna N/A Blackfin snapper N/A Atlantic bluefin tuna N/A Red snapper N/A Skipjack tuna N/A Cubera snapper N/A Yellowfin tuna N/A Silk snapper N/A Little tunny A Blueline tilefish N/A Shortfin mako shark N/A Sand tilefish N/A Blue shark N/A Bank sea bass N/A Spinner shark J A Rock sea bass N/A Page 19 RECEMD FiE6EIVED DCM WILMINGTON, NC DCM•MHD Crry APR 2 9 2014 Table 2 cont. Essential Fish Habitat (EFH) Species nearshore Atlantic Ocean, Onslow Bay, North Carolina. EFH Fish Species Water Body EFH Fish Species Grasby Water Body Atlantic Ocean Long Bay Atlantic Ocean Long Bay Swordfish N/A N/A Blue marlin N/A Coney N/A White marlin N/A Red hind N/A Sailfish A Goliath grouper A Calico scallop N/A Red grouper N/A Scalloped hammerhead shark J A Misty grouper N/A Big nose shark J A Warsaw grouper N/A Black tip shark J A Snowy grouper N/A Dusky shark J A Yellowmouth grouper N/A Night shark N/A Scamp J A Sandbar shark J A Speckled hind N/A Silky shark N/A Sheepshead E L J A Tiger shark J A Red porgy N/A Atlantic sharpnose shark J A Longspine porgy E L J A Longfin mako shark N/A Scup J A Whitetip shark N/A Thresher shark J A RECEIVED MAY 12, 7P'" DCM-MHD CrrY Page 110 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 Table 3. Species list and life history index for nearshore Atlantic Ocean, Onslow Bay, North Carolina, AR-360. Source: NCDMF and NMFS, Beaufort, North Carolina, October 1999. E = Eggs; L = Larval; J = Juvenile; A = Adult; N/A = Not Found EFH Fish Species Water Body EFH Fish Species Water Body Atlantic Ocean Long Bay Atlantic Ocean Long Bay Striped bass A Largemouth bass N/A Yellow perch N/A Chain pickerel N/A White perch N/A Redfin pickerel N/A American shad A Channel catfish N/A Alewife A White catfish N/A Blue back herring A Bull catfish N/A Atlantic menhaden J A Redear sunfish N/A Atlantic thread herring J A Pumkinseed sunfish N/A Hickory shad A Atlantic sturgeon A Gizzard shad A Shortnose sturgeon A Spotted seatrout A Sea lamprey A Weakfish A Tarpon A Red drum A Ladyfish A Black Drum L J A Spotfin mojarra A Spot L J A Bay anchovy A Atlantic croaker L J A Crevalle jack A Banded killifish N/A Fat Sleeper N/A Atlantic silverside A Freshwater goby N/A Inland silverside N/A Naked goby A Longnose gar N/A American eel J A e RECErft MAY 12 ?n14 UEIVED P 11 age I DCM>pCrrY DCM WILMINGTON, NC APR 2 9 2014 Table 3 cont.. Species list and life history index for nearshore Atlantic Ocean, Long Bay, North Carolina, proposed artificial reef, AR430. Bowfin N/A Bluefish E L J A Bay whiff N/A Spanish mackerel E L J A Hogchoker N/A Spadeflish E L A Southern flounder J A Gray snapper J Summer flounder J A Sheepshead E L J A Gulf flounder J A Pinfish (inshore) E L J A White shrimp ELA Spottail pinfish E L J A Brown shrimp ELA Striped mullet E L A Pink shrimp ELA White mullet fw L , MVM stingray J A ---TAtlantic Bull shark `AY 12 2 Intertidal Flats 014 DCM-MHDCITY This proposed ocean reef site is not in proximity to intertidal flats of Pamlico Sound and associated tributaries, thus no impacts are anticipated. Oyster Reefs and Shell Banks These natural habitat types are not present in the immediate area of this project, thus no impacts are anticipated. Seagrass and Submerged Aquatic Vegetation (SAV) No seagrass/SAV is located within the proposed project area, thus no impacts are anticipated. State —Designated Areas Important for Managed Species Primary and Secondary Nursery Areas are designated by the NC Marine Fisheries Commission and are defined as tidal saltwater areas that provide essential habitat for the early development of commercially important fish and shellfish. This project is located in nearshore ocean waters and is beyond both primary and secondary areas, thus this project will not have adverse impacts on these areas. Cape Fear, Lookout & Hatteras (sandy shoals) The Mid -Atlantic Fishery Management Council has designated the areas of Pamlico Sound adjacent to Hatteras and Ocracoke Islands as important nursery and pupping grounds for the sandbar shark. Sandbar sharks are known to seasonally migrate along the eastern coastal United States. Juvenile sandbar sharks remain in shallow waters until late fall atR E I V EI7 Page 112 DCM WILMINGTON, NC APR 2 92U14 time they move south and further offshore, and return in the summer months (FLMNH 2O03). Deploying materials on this reef site will not impact the sandbar shark HPAC. Unconsolidated Soft Bottom Surface sediments of a soft bottom can act as habitat for a variety of microscopic plants and benthic epifauna/infauna species. These organisms may serve as food sources for other organisms, and in turn are prey items for larger, economically important fishery species such as red drum, summer and southern flounder, spot, Atlantic croaker, weakfish, and striped bass. The project area consists of subtidal hard/firm bottom with depth of —44ft MLLW. The activities proposed have been demonstrated to have minimal affects overall on this EFH type, but it is important to consider post -settlement growth that may occur in these areas. This habitat serves many life history stages for a multitude of species. These and future reef construction activities will allow for the majority of the site's area to remain as undisturbed bottom and allow for a heterogeneous bottom that should increase diversity through the transition of two or more habitats known as "edge effect" (See Impact Summary for Essential Fish Habitat). These organisms may be indirectly and minimally affected by filling of the substrate. Given the mobility of the organisms and the extensive areas of soft bottork Wa of disturbance is likely to have no significant adverse effects. P MAY 12 2014 Additional Project Area Concerns In addition to EFH species in Table 1, prey species such as spot, croaker, tlyamqyt¢bgw Atlantic silverside, and pinfish may also occupy the waters of this site in Onslow Bay ocean waters during these species different varying life stages. The proposed project will not adversely affect prey species populations, and should benefit these populations as a result of the increase in hard substrate. Impact Summary for Essential Fish Habitat The objectives of this project are to enhance, expand and develop a reef site within the ocean system of North Carolina for the restoration/conservation of essential fish habitat. Artificial/manmade reefs are deployed to change habitats from a soft substrate to a hard substrate system and/or to add vertical profile. These reefs are generally deployed to provide fisheries habitat in a desired location that provides some measurable benefit to several different species as well as humans. When manmade reefs are constructed, they provide new hard substrate similar in function to newly exposed hard bottom (Goren 1985). Aside from the often obvious differences in the physical characteristics and nature of the materials involved in creating a manmade reef, the ecological succession and processes involved in the establishment of the encrusting assemblages (i.e. oysters, barnacles, tunicates, coral, sponges, hydroids and alga) occur in a similar fashion on natural hard substrates and man -placed hard substrates (Wendt et al. 1989). Finfish use natural and manmade hard substrates in very similar ways and often interchangeably (Sedberry 1988). The changes in species composition and local abundance of important species in a specific area are often seen as the primary benefits of artificial reef enhancement activities. Additional benefits of artificial/manmade reefs placed on sandy or muddy soft bottoms are the increase of diversity and edges. The increase of biotic diversity is accomplished by adding hard substrate where none existed. This in turn will attract organisms that settle on hard bottom but cannot settle on a shifting sand bottom, and in turn attract predators that feed on these sessile organisms. Edges can be described as areas of transition between habitat types. Edges can also create areas of high diversity, more so than over continuous areas of onN EC E I V E D Page 113 DCM WILMINGTON, NC APR 2 9 2014 habitat type. This has come to be known as the edge effect principle. The edge created by deploying multiple patch reefs of hard substrate onto a soft bottom habitat may also create a habitat of its own. The edge habitat is a culmination of the two habitats (i.e. soft and hard substrates) because it is inhabited by a characteristic subset of species from those habitats. This has been observed on reefs where reef fishes congregate to graze on algae and are afforded the sense of security. Sheepshead, on the other hand, patrol the edge of the substrate foraging out into the soft bottom habitat but continuously return to hard substrate. Therefore creating these edge effects allows species from both habitats to inhabit the area, increasing diversity at the location. The physical characteristics of manmade reef habitat may result in differences in the observed behavior of fish species on or around such structures in contrast to behavior observed on equivalent areas of natural hard bottoms (Bohnsack 1989). Some reef structures, particularly those of higher profile, seem to yield generally higher densities of managed and non -managed species than a more widely spread, lower profile, natural hard bottom (Roundtree 1989). The ecological role of the reef as structure, providing food and protection, contribute to its value as a critical fisheries habitat. The three-dimensional reef provides more area for attachment of oysters and other sessile organisms and creates more habitat niches than occur on the surrounding flat or soft bottom habitat. Clams, mussels, anemones, polychaetes, amphipods, sponges, and many species of crabs are part of the reef community. The invertebrates recycle nutrients and organic matter and are prey for many finfish. Red and black drum, gag, black sea bass, sheepshead, pinfish, weakfish, spotted seatrout, Atlantic spadefish, summer and southern flounder, oyster toadfish, and other finfish are frequent members of the reef community. Artificial/manmade reefs are known to promote extensive invertebrate communities and enhance habitat for reef fish and other fish species, including cryptic, tropical, and recreational gamefish species of significance. The success of a reef and its contributions to stock enhancement varies geographically and is determined by a wide range of complex parameters, including existing habitat, physical limitations, material design, reef configuration, reef management, and the health of the targeted species complex, which in turn is reliant on effective fisheries management whether local, regional or national. This potential is further enhanced since domestic reef programs today possess better information, improved technology and are more focused in using these tools towards specific stock enhancement and fishery management needs. For species which may be to some degree habitat -limited, the establishment of additional suitable habitat targeted to specific life -history stages may improve survival. Additional manmade habitat designed specifically to promote survival of targeted species in "protected" areas could potentially enhance existing ecosystems or create new ones to fill in gaps where essential fish habitat had been damaged, lost, or severely over -fished. Perhaps the most important contribution that manmade reef technology can provide for fisheries management efforts would be to create additional habitat and fisheries to mitigate user groups for perceived loses due to hurricanes, disease, overfishing, and habitat loss. Deployment sequencing and distance from known pupping grounds will help negate impacts to the nursery/pupping grounds for the sand bar shark. Other free swimming organisms will be able to avoid the area directly affected by project activities and move to other soft bottom habitat and thus impacts to these organisms shall be minimal. Any temporary impacts to these organisms will be outweighed by the benefits of providing additional hard substrate by increasing food resources, available hard substrate, potential spawning habitat, etc to the system. Some impacts to EFH will be permanent since the deployment of reef material onto bottom will change the availability of the bottom under the &YK6 The other impact is th02sC: EI V ED Page 114 DCM WILMINGTON, N( MAY 12 ?014 APR 2 9 2014 of water column due to the "profile" of the reefs being built, although permanent, water flow impediment will be minimal. In contrast to the permanent impacts to the existing EFH, the ecological functions of ocean reefs are numerous and may become an essential component of the offshore hard bottom system. While a few EFH types will be subject to temporary impacts and other EFH categories will have permanent impacts, these disturbances are trade-offs that will increase biomass of finfish species to help restore populations, create habitat in a hard substrate limited system and support high diversity and multiple ecological functions. Enhancement of existing ocean reefs or development of new ocean reefs is not expected to cause any significant adverse impacts to any managed species and in fact will hopefully facilitate the revitalization of Onslow Bay and its beneficiaries. Section 4 Artificial Reef Material Categories Materials identified for use in artificial reef construction have been reviewed by the NC artificial reef program to determine adequate stability and durability, are made of suitable materials that will not pose a threat to wildlife, are deployed safely and effectively, and follow guidelines for suitable artificial reef materials published by the Gulf and Atlantic States Marine Fisheries Commissions (Lukens & Selberg 2004). Materials identified here do not encompass the full range of potential materials. This is intended to be a living document due to the dynamic nature of reef construction. Materials may be added or removed to this list as views concerning what are "acceptable" material changes, and this does not constitute a complete listing of all materials. This document is not intended to promote, encourage or exclude the use of particular materials, rather to give a comprehensive classification of potentially acceptable materials. All materials used are clean of contaminates prior to deployment following required regulations specific to the type of material. Page 115 RECEIVED MAY 12 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, N APR 2 9 2014 Article I. Concrete and related Section 1.01 Designed reef modules (a) Reef BallsTM' Waffle Crete, Hex cones, Reefmaker Pyramids and EcoSystems, etc (i) These materials are generally units weighing less than 1 ton, non -reinforced or fiber reinforced, and have been designed for use in artificial reef construction. Section 1.02 Pre -Cast (a) Box culvert, wet well sections, catch basins, knockout boxes, wing walls, buoy sinkers (USCG and DMF), reinforced concrete pipe (RCP). (i) These materials are generally units weighing less than 2 tons, can be reinforced with metal rebar or wire mesh, and were designed for applications other than reef material Section 1.03 Scrap (a) Rubble, slab, bridge railing, dock panels, curb, sidewalk, storm RCP, crushed concrete, and ferro cement vessels (i) Various dimensions and weights, may or may not be reinforced, and may have been removed from a construction site. These may be reduced in size or whole. These materials are clean of any contaminates (hydrocarbons, etc) before deployment. Article II. Fiberglass (a) Boat molds have been uses in ocean and estuarine reef construction projects however are no longer considered acceptable and are prohibited through ACOE permit. Article III. Natural Section 3.01 Rock (a) Lime stone, marl, granite, stone dredge material (i) Natural materials that are mined from the earth, these materials are stable and durable. Section 3.02 Shell RECEIVED (a) Mollusk (clam, oyster, whelk) (i) Harvested from natural organisms made of calcium carbonate MAY 12 2 (" 4 Article IV. Metal ACM-MHD CITY Section 4.01 Vessels (a) Trawler, freighter, barge, tanker, crew boat, tug, military, motor vessel, sailboat, etc (i) Vessels are of various sizes and profiles, and will be noted for individual minimum vertical clearance Section 4.02 Military Equipment (a) Tanks, armored personnel carrier Page 1 16 RECEIVED DCM WILMINGTON, NC APR 2 9 2014 (i) Equipment of various sizes and profiles, and will be noted for individual minimum vertical clearance. Military equipment is known to hold up well do to their rugged construction. Section 4.03 Bridge components (a) Bridge span, etc (i) Spans are typically obsolete swing bridge spans. Spans and other components have been cleaned of hydrocarbons, asphalt, etc. These can be in whole components or reduced form. Section 4.04 Aircraft (a) Fixed wing, helicopter (Military and Civilian) (i) Some aircraft construction is very rigorous due to the high stress tolerances of flight. (ii) Some aircraft construction is unsuitable, i.e. large cargo plane and helicopter airframes. Page 117 RECEIVED h MAY 12 2014 DCWI• -11DCITY RECEIVED DCM WILMINGTON, NC APR 2 9 2014 I • ^� I AR-13D _'WP110 1. h V ' AR 160 RAebJn - "t AR-246 i �-i25AR-230 AR-,�12 . -. AR-220 AR-396 AR-250AR-2�5 - .,Y. AR-27S AR-M AR-715uy.1p AR-40 M U5 AR-265 Aft-330 •{•' AR-36D ARJ55 M-3w AR-305 AAR-366 AR-T0 AR-W AR-3C2 t AMJ72 AI},,3l5 AR-576 ". ARJC2AR-366 ARJ30 _jbyAR,425 ASr WAl� NL610 t. �� AR-465 ,kl Figure 1: AR-360 Topsail Reef Artificial Reef AR-360 is located off Topsail Beach in Pender Canty, approximatety 3 nautical miles northeast of New Topsail Inlet in 44 feet of seawater. LegeM V AR_Buoys 105 Aa 0 12.5 25 50 Nmbcal Miles t wsllkw .I Ok n_Basemap l l t4J1Eer Y NC DUF Arbfinal Reef Pmgr Dale.- 3/102014 a + 6 +s Page 1 of 4 - at, S iUrA .kt. RECEIVED MAY 12 2014 DCM•MHD CITY RECEIVED Page 18 DCM WILMINGTON, NC APR 2 9 2014 Figure 1: AR-360 Topsail Reef Legend Artificial Reef AR-360 is located off Topsail Beach in Pendef County, approximately 3 105Acres nautical miles northeast of New Topsail Inlet in 44 feet of seawater a 0.5 1 2 Nautical Wes or"W I I I I I I I 1 11 pe� NC DUF Artifical Reef Program + Dabe. 311012014 Page I of 4 Eat, GEBCO, DAA, Wbma Geog4l*, Page 1 19 RECEIVED MAY 12 ?W' DC,M-MHDCITy Literature Cited Bahr, L.M. and W.P. Lanier. 1981. The ecology of intertidal oyster reefs of the South Atlantic coast: a community profile. U.S. Fish and Wildlife Service, Office of Biological Service, Washington, D.C. 105pp. Bohnsack, J. 1989. Are high densities of fishes at artificial reefs the result of habitat limitation or behaviorial preference? Bulletin of Marine Science 44(2): 631-645. Dame, R. F. and N. Dankers. 1988. Uptake and release of materials by a Wadden Sea mussel bed. Journal of Experimental Marine Biology and Ecology 118:207-216. Dame, R. F., J.D. Spurrier, and T.G. Wolaver. . 1989. Carbon, nitrogen, and phosphorus processing by an oyster reef. Marine Ecology Progress Series 54: 249-256. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. Florida Museum of Natural History. 2003 (FLMNH). http://www.flmnh.ufl.edu Goren, M. 1985. Succession of benthic community on artificial substratum at Elat (Red Sea). Journal of Experimental Marine Biology and Ecology 38: 19-40. Grabowski, J.H., D. Pettipas, M.A. Dolan, A.R .Hughes, and D.L.Kimbro. 2000. The economic and biological value of restored oyster reef habitat to the nursery function of the estuary. NC Sea Grant, Morehead City, NC, FRG # 97-EP-6, 29p. Harding, J.M., R. Mann. 2001. Oyster reefs as fish habitat: opportunistic use of restored reefs by transient fishes. Journal of Shellfish Research 20(3):951-959. Lehnert, R.L., D.M. Allen. 2002. Nekton use of subtidal oyster shell habitat in Southeastern U.S. estuary. Estuaries 25(5):1015-1024. Lenihan, H.S., C.H. Peterson, J.E. Byers, J.H. Grabowski, G.W. Thayer, and D.R. Colby. 2001. Cascading of habitat degradation: oyster reefs invaded by refugee fishes escaping stress. Ecological Applications 11(3):764-782. Lukens, R.R. and Selberg, C. February 2004. Guidelines for Marine Artificial Reef Materials, Second Edition. GSMFC. Ocean Springs, MS.198pp. Orlando, S. P. Jr., C. J. K. P.H. Wendt, M.E. Pattillo, K.C. Dennis, and G.H. Ward. 1994. Salinity characteristics of South Atlantic estuaries. National Oceanic and Atmospheric Administration, Office of Ocean Conservation and Assessment, Silver Springs, MD, 117p. Roundtree, R.A. 1989. Association of fishes with fish aggregation devices: effects of structure size on fish abundance. Bulletin of Marine Science 44:960-972. Sedberry, G. R. 1988. Food and feeding of Black Sea Bass, Centropristis striate, in live bottom habitats in the South Atlantic Bight. Journal of the Elisha Mitchell Scientific Society 104:35-50. Wendt, P. H. , D. M. Knott, and R. F. Van Dolah . 1989. Community structure of the sessile biota on five artificial reefs of different ages. Bulletin of Marine Science 44:1106- 1122. g RECEIVED MAY 12 ; Page 120 DCM-MHD CITY Appendix A. EPA letter stating use of cremated remains through Eternal Reefs Inc. fO T+ m T A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 \\T// ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-0960 Don Brawky Eternal Reefs, Ina:. June 23, 1999 1066 Berkeley Road Avondale Estates, GA 30002 Dear Mr. Brawky: Thank you for your June 17. 1999 letter concerning the potential for environmental impacts due to the use of cremated human remains used as an ingredient in concrete reef structures. The use of any acceptable materials for the construction of artificial reef structures is considered to be fisheries enhancement and is, therefore, exempt from ocean dumping regulations as per 40 CFR Sulx:hapter H — Ocean Dumping, Part 220. Artificial reef siting and construction is permitted by the U.S. Army Corps of Engineers and managed by the respective state within whose waters the reek are located. The U.S. Environmental Protection Agency does not support the use of materials for the creation of fisheries habitat that have the potential to release toxic substances in concentrations or amounts sufficient to cause an unacceptable adverse impact to the marine environment. The cremated human remains are used in small amounts as an additive to concrete reef structures and are relatively benign chemically. Additionally, the stability of the concrete structures results in a low probability that substances therein will be available to the marine environment. As such we can find no reason to believe that any unacceptable environmental impact is likely as a result of the use of cremate human remains in concrete artificial reef structures. If you have any additional questions or comments please call me at (404) 562-9397 or Chris McArthur at (404) 562-9391. S1 , Roland E. Ferry Coastal Programs Inlamet Addmn IURLI • hxp )M e,ut,Wv R+cYcladRacYcla0la • P1YW Wn VagN Olt Base lAso H"ry P"lMMawm M%R OafWnfn lft/tpnm� ' iYL.. itG�yp�G7i MAY 12 DCM-MF cny